set aside

Kerala High Court sets aside discharge of Scheduled Caste Development Officer in Rs 7.5 lakh SC land rehabilitation fund misappropriation case, holding sanction under Section 197 CrPC not required for IPC offences in corruption cases, and directs trial to proceed

Court’s Decision The Kerala High Court allowed the State’s revision, set aside the Special Court’s order discharging the second accused, and directed the Special Court to frame charges and proceed…
corruption

Bombay High Court Rejects Anticipatory Bail to Additional Tehsildar Accused of Demanding Bribes through Agents in Mutation Entry Cases, Citing “Corruption Threatens the Foundation of Democracy” While Stressing Custodial Interrogation Essential in Trap Cases Involving Public Servants

Court’s Decision The Bombay High Court rejected the anticipatory bail application of the Additional Tehsildar accused under the Prevention of Corruption Act for allegedly demanding bribes through agents for mutation…
doubtful debt

Bombay High Court Allows Appeal Holding Provision for Doubtful Debts Made Towards Receivables Is Not a Reserve, Sets Aside Addition to Book Profits Under Clause (b) of Explanation to Section 115JA as “Provision Made Towards Receivables Cannot Be Added Back in Book Profits, Upholding Legislative Intent and Consistency”

Court’s Decision The Bombay High Court allowed the appeal, holding that the provision for doubtful debts towards receivables is not a “reserve” and therefore cannot be added back to book…
notice of arbitration

Calcutta High Court Appoints Arbitrator in Partnership Dispute, Holding Deemed Service of Notice Sufficient for Invocation of Arbitration Under Partnership Deed When Respondents Do Not Respond, Enabling Dissolution Dispute to Proceed to Arbitration Without Delay

Court’s Decision The Calcutta High Court allowed the petition under Section 11 of the Arbitration and Conciliation Act, 1996, appointing Ms. Urmila Chakraborty as the sole arbitrator to resolve disputes…
arrack

Kerala High Court Acquits Man Convicted for Possession of Arrack, Holding Prosecution’s Failure to Prove Safe Custody and Unbroken Chain of Custody of Sample Fatal, Undermining the Conviction Under the Abkari Act Despite Seizure and Chemical Analysis Reports

Court’s Decision The Kerala High Court allowed the criminal appeal, set aside the conviction and sentence under Section 8(2) read with 8(1) of the Abkari Act, and acquitted the appellant.…
arbitration

Calcutta High Court Appoints Arbitrator in Tata Capital’s Loan Dispute Against Bhubaneshwari Seafood, Holding Arbitration Not Barred by Parallel SARFAESI Proceedings and Allowing Arbitration by Successor Entity Despite Non-Signatory Status Under Loan Agreement

Court’s Decision The Calcutta High Court appointed Ms. Noelle Banerjee, Advocate, as the sole arbitrator to adjudicate disputes between Tata Capital and Bhubaneshwari Seafood regarding loan default, holding that arbitration…
interim injunction

Calcutta High Court Dismisses Emami’s Appeal Seeking Blanket Injunction Against Dabur Advertisement for Alleged Product Disparagement, Holding Mere Use of ‘Ordinary’ Without Direct Reference or Imitation Does Not Constitute Disparagement Warranting Wider Restraint

Court’s Decision The Calcutta High Court dismissed Emami’s appeal seeking a broader injunction against Dabur’s advertisement for its “Cool King” product, holding that the advertisement did not prima facie disparage…
deceased employee benefits

Calcutta High Court Directs Eastern Coalfields to Pay Arrears of Monetary Compensation with Enhanced Interest to Widowed Daughter of Deceased Employee, Holding Delay by PSU Cannot Deny NCWA Entitlement in Compassionate Cases Despite Procedural Disputes and Delay in Processing

Court’s Decision The Calcutta High Court dismissed the appeal by Eastern Coalfields and partly allowed the claimant’s appeal, modifying the single judge’s order to direct payment of arrears of MMCC…
life imprisonment

Patna High Court Affirms Life Imprisonment for Murder and Attempt to Murder Under Sections 302/307 Read with Section 34, Rejecting Defence of Contradictions and Absence of Injury Reports, Emphasising Eyewitness Credibility in a Double Murder Involving Prior Hostilities

Court’s Decision The Patna High Court dismissed the criminal appeals and affirmed the conviction of the appellants under Sections 302/34 and 307/34 IPC and Section 27 of the Arms Act,…